JB/042/429/001

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1823. Octr. 6 Constitutional Code.

+++ 16 Copd 3 3

1o 1. Enactive Ch. XI. Judiciary collectively §.7.

Note

By this means, used no otherwise, will, and by no other means can, the practice of strained construction in judicature with its evil all- all-pervading evil be cut up by the roots. By strained construction this practice, the in proportion as the prevalence of it is known, men's confidence in the effect of the law, and in the disposition of the judiciary is proportionably weakened. To the profession this is no evil but a good: for it by it encouragement is afforded to the maintenance of litigation on the wrong side. But, to the people, by weakening all who are not but lawyers the sense of security it is an evil of the first magnitude the sense of security being for every thing being proportionably weakened by it Neither is the practice of strained construction it in any able degree adequate to any good purpose which by which it is supplied, it for it with a reason or a pretence. Some Judges Many a Judge will At one time the Judge will not employ it: they from the responsibility the responsibility deters him: if any evil which ensues from the of its being from the non-emplyment of it employment the odium falls will fall not upon him but upon the legislature: or at another time you have a Judge who would employ it in favour of a suitor to whom he were favorable, who will not employ it in favour of the suitor in question, to whom to being a he is adverse.

A case alluded to on a former occasion may afford an example: it is that of a law meant against assassination, making it converting into a mortal crime the act of him who has drawn blood in the streets: a surgeon who, on seeing a man fall into a fit, bleeds him, is prosecuted made this law The Judge. if honest and timid construes the law according to the letter reluctantly: if dishonest and adverse, gladly.

This sort of case will have place as often, for example, as, in a penal law, a requisite justification or exemption clause has been omitted to be established: or, in a non-penal law a law having for its subject contracts in general, or a particular contract species of contract, an exoneration clause.

Identifier: | JB/042/429/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-10-06	Marginal Summary Numbering	8a
Box	042	Main Headings	constitutional code
Folio number	429	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d16 / e3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public	"copd"	ID Number	13352
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